JUSTICE Nnamdi Dimgba of the Federal High Court in Abuja
on Thursday rejected an application seeking an order dismissing the $1.6 billion fraud charges against Jide Omokore, an associate of a former Petroleum Minister, Mrs Diezani Alison-Madueke, and others.
In a ruling delivered after hearing arguments on the application, the trial Judge also turned down the request to strike out an additional proof of evidence exhibiting the statement made to the Economic and Financial Crimes Commission (EFCC) on June 7, 2017 by an additional proposed prosecution witness.
The application filed by the fifth defendant in the case, Abiye Membere, was based on the contention that the act of EFCC obtaining a witness’ statement about one year into the trial and when two prosecution witnesses had concluded their testimonies, constituted and abuse of court process.
In his ruling, Justice Dimgba held that an alleged violation of the Federal High Court’s practice direction on criminal matters as argued by Membere’s lawyer, could not rob the court of its jurisdiction to hear a criminal case.
He held that the jurisdiction to hear a criminal case was donated to the court by the statues prescribing the offences on which the defendants were being tried and not the practice direction.
The Judge held that, by virtue of the provisions of the Advance Fee Fraud and other related Offences Act and the Money Laundering (Prohibition) Act, the court had been conferred with the jurisdiction to hear the case which involved the offences of advance free fraud and money laundering preferred against the defendants.
He also held that section 379(2) of the Administration of Criminal Justice Act 2015, cited by the applicant, allowed the prosecution to file an additional proof evidence at any stage of the trial.
The Judge further added that the law did not limit the prosecution to specific types of additional evidence either documentary or oral that could be filed in court in the course of the trial.
Justice Dimgba held that to interpret the laws “as construed” by the defendant would violate the said section 379(2) of ACJA and would create a “judicial clog” in the procedure of prosecution established by the law added that the remedy available to the defendants was not to ask for the dismissal of the charges but to request more time to enable him to study the newly filed document.
“I’m of the view this application is not deserving to be granted and it is accordingly dismissed,” the judge ruled.
Joined as defendants in the matter, apart from Omokore and Membere, other defendants are Victor Briggs and David Mbanefo. Two of Omokore’s companies, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited, are also part of the defendants.
The EFCC is prosecuting the defendants on a nine-count charge of criminal diversion of about $1.6 billion alleged to be part of proceeds of the sales of petroleum products belonging to the Federal Government.
Part of the offences were said to be contrary to section 1 (1) (b) of the Advance Fee Fraud and Other Fraud Related Offences Act and punishable under section 1(3) of the same Act.
The trial Judge fixed July 5, 2017 for continuation of trial after dismissing the application.